Water & Sewer Allocations - Arriaga, Raul
DOCUMENT: 19303457
Pages
4
RECO;(DING REQUESTED BY AND
WHEN RECORDED MAIL TO:
" " II" 11I1 " " I" /111111
Fees
Taxes
Copies
AMT PAID
16 00
City Clerk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
16 00
REGINA ALCOMENDRAS
SANTA C~ARA COUNTY RECORDER
Recorded at the request of
City
RDE ** 014
2/13/2007
2 53 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR WATER USE AND SEWER TREATMENT PLANT CAPACITY
ALLOCA TIONS
This Agreement is made and entered into this ~day of November, 2006, by and between the
CITY OF GILROY, a municipal corporation, in the County of Santa Clara, California ("CITY"), and
Raul Arriaga , a ("DEVELOPER/OWNER").
A. The CITY agrees that DEVELOPER/OWNER will receive under the terms and conditions
stated herein for the property at 7588 Montcrey St., Gilroy, CA 95020
717 maximum gallons per day sewer treatment plant capacity allocation at a cost to
DEVELOPER/OWNER in the amount of $ 26,722.59 ; and (Grandfathered)
1,000 maximum gallons per day peak water use allocation at a cost to DEVELOPER/OWNER in the
amount of $ 7,013.00 (Grandfathered)
PENALTY: DEVELOPER/OWNER shall be charged and penalized for any use of sewer
treatment plant capacity and/or peak water in excess of the above maximum allocations as provided
under the ordinances, rules and regulations adoptcd by thc Gilroy City Council.
B. In consideration for the above sewer treatmcnt plant capacity and peak water use allocations,
DEVELOPER/OWNER agrees to make the above-referenced payments prior to connection
with the CITY's sewer and water delivery systems and agrees to the following:
1. DEVELOPER/OWNER shall insert in all deeds, leases or contracts made relative to the
PROPERTY, improvcments thereon, or any part thereof, written notification of the tcrms and
conditions of this Agreement.
2. DEVELOPER/OWNER will secure in wntmg from any and all present and future
occupants or users of said PROPERTY with whom DEVELOPER/OWNER enters into a lease or
contract relative to the PROPERTY, or any part of or any improvements to the PROPERTY, an
agreement not to exceed the allocations stated in Scction A.
3. Should DEVELOPER/OWNER desirc an increased sewer treatment plant capacity
allocation and/or per day peak water use allocation, DEVELOPER/OWNER shall notify CITY. CITY
then shall give DEVELOPER/OWNER thc option to purchase additional allocations, if such
allocations are thcn availahle, at the then-culTent puhlished rates and fees.
4. Should DEVELOPER/OWNER consistently use less sewer treatment plant capacity or
per day peak water use at the PROPERTY than the allocation purchased, as determined by CITY,
,
4. Should DEVELOPER/OWNER consistently use less sewer treatment plant
capacity or per day peak water use at the PROPERTY than the allocation purchased, as
determined by CITY, DEVELOPER/OWNER may sell the cxcess capacity back to the CITY at
the original purchasc price, or retain the excess capacity amount for growth or expansion.
5. DEVELOPER/OWNER shall invcstigatc and consult with CITY as to the
possiblc usc of intcrnal rcclamation systcms and watcr-saving dcviccs.
C. The terms and conditions of this Agrccmcnt shall rcmain in full force and effect until this
Agreement is modified or terminated by thc writtcn, mutual conscnt of both parties, or at
the option of CITY, upon DEVELOPER/OWNER's breach of any of the provisions of
this Agreement or failure to pay monthly watcr or sewer use charges as invoiced by
CITY. Notwithstanding anything to thc contrary herein, CITY reserves the right to
cxcrcisc any and all remcdics availablc at law or in cquity upon such breach or failure to
pay invoiced charges. The sewer trcatment plant capacity and/or peak water usc
allocation allottcd to DEVELOPER/OWNER pursuant to Scction "A" above shall be null
and void upon thc termination of this Agrccmcnt for any rcason.
D. DEVELOPER/OWNER shall have thc option of mcasuring scwcr cfflucnt by:
I. Installing and paying for a scwcr cfflucnt mctcr, which mctcr shall comply with
thc CITY's standards and spccifications.
2. Mcasuring the watcr consumption at thc PROPERTY in a manner acccptablc to
CITY.
E. Thc terms and conditions of this Agrccmcnt shall run with thc land, and apply to and
bind DEVELOPER/OWNER and cach of DEVELOPER/OWNER's hcirs, assigns,
successors and succcssors-in-interest, and all subsequent owners of the PROPERTY.
This Agrecment shall be rccordcd in thc Officc of the Clerk-Rccorder of Santa Clara
Count 1 ornia.
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DEVELOPER/OWNER
By: ~/f~__~~
~aul Arria a
Its: {.{Llh'i l I~' -;:) ,.fJ :r7c;),l-le-':-.r-/ :5f
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Mailing Address (if differcnt than '
PROPERTYaddrcss):
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ST ATE OF CALIFORNIA
COUNTY OF-~l.i~17<- ~/<I__n~
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On ,1',,'/tmb.:.- 7 .:l..u(' (, before me./"b IJ ,elf, 1< fY,dsc,) personally
d ' N ( "f f' r..; P,' t, I , (.
appeare ../
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. fJilr~;ondlly ~.nown to me -OR-
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proved to me on the basis of satisfactory
'evidence to be the person(s) whose
name(s)@ue subscribed to the within
instrument and acknowledged to me that
~.he/theY executed the same in
is her/their authorized capacity(ies), and
t at by ~er/their signature(s) on the
instrume'n.r the person(s). or the entity
upon behalf of which the person(s) acted.
executed the instrument.
WITNESS my hand and official seal.
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1~"""''''''' "'pm,cIAK.BENTSoN "'t SIGNATURE OF NOTARY
] Commlsalon # 1417341 r
i ... Notary JIU)Ic . CaIIfomIa i
J SonIa Clara Oxnv -
J _ _ _ ~:o:m~~~9.:.2~7t
CAPACITY CLAIMED BY SIGNER
Though statute does not require the
Notary to fill in the data helow. doing so
may prove invaluahle to persons relying
on the doeument.
INDIVIDI JAL
CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRI'STEE(S)
(Jl JARDIAN/CONSER V A TOR
OTHER
SIGNER IS REPRESENTING:
l"ame of Person(s) or Entity(ies)
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT:
Agreement for Water Use and Sewer Treatment Plant Capacity
Allocations - Raul Arriaga, 7588 Monterey Street, Gilroy, CA
On November 16, 2006, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
L_ L-t:~j,-
l-' -. ... -. -. ~~N~ ~L~ ... ... ~
~ Commission # 1581056
i.. Notary Public - Callfomla ~
~ Santa Clara County ~
My Comm. ExpIreI J\.f'l 19, 2
------------------
per GC Sec. 40814; CC Sec. 1181
(Notary Seal)